Description
When the attorney asks the witness the same question several times aggressively.
Purpose/Policy/Reason
The badgering objection prevents an attorney from trying to provoke an emotional response from the witness during cross-examination. The rule keeps the attorney from asking questions, but not allowing the witness to answer and prevents the attorney from mocking the witness.
Examples
Attorney: You were out sick, Oscar?
Oscar: Yes
Attorney: You were out sick, Oscar!?
Oscar: Yes?
Attorney: You were out sick, Oscar!?!?
Oscar: Yes(In this case, the attorney repeats the same question repeatedly aggressively, which is objectionable)
Attorney: Did you attempt to assault Jim?
Roy: Yes
Attorney: Did you attempt to assault Jim!?
Roy: Yes?
Attorney: Did you attempt to assault Jim!?!?
Roy: Yes!
(In this case, the attorney repeats the same question repeatedly aggressively, which is objectionable)
Attorney: Did you leave your Pita in the Toaster Oven?
Ryan: Yes
Did you leave your Pita in the Toaster Oven!?
Ryan: Yes?
Did you leave your Pita in the Toaster Oven!?!?
Ryan: Yes!”
Federal and Georgia Mock Trial Rule of Evidence
Article VI. Witnesses
Rule 611: Mode and Order of Examining Witnesses and Presenting Evidence
(a) Control by the Court; Purposes. The court should exercise reasonable control over the mode and order of examining witnesses and presenting evidence so as to:
- make those procedures effective for determining the truth;
- avoid wasting time; and
- protect witnesses from harassment or undue embarrassment